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17-Jul-2017 09:49

Eleven months earlier, in January 2016, the woman known as Jane Doe in court papers had told the school that her then-husband, identified as John Doe, had raped her on Dec.17, 2015, while they both were students at Washington University. Within a few months, the university found John, a law student at the time of the reported rape, in violation of campus sexual assault policies.Advocates fear that if defamation lawsuits continue to grow in use, victims will be scared back into the shadows, leaving more assailants to evade justice.Yet defenders of the accused argue the lawsuits are the only option to clear someone's name after a false allegation, especially on campuses where they believe administrators presume guilt from the moment a sexual assault is reported."I never in a million years thought that I would be doing this kind of work, but it's important to me to do it because my clients' lives are being destroyed by false allegations," said Rosenberg, who nine years ago founded a nonprofit to help sex-trafficked women.Sometimes the mere threat of a defamation suit is enough to deter a student from going ahead with a sexual assault claim."I'm hearing lawyers talk more about it as a strategy, even if they don’t use it," said Brett Sokolow, a lawyer who runs the Association of Title IX Administrators.Young women sometimes ask to withdraw their sexual assault complaints, even when there is evidence to support them, Sokolow said, and schools sometimes learn that the accused is threatening a defamation suit as leverage."I'm aware of 10 to 12 of those in the last two years, and I am sure there are many more I do not know about," Sokolow told Buzz Feed News.

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In September, a judge dismissed most of the claims against Jane but allowed the suit to continue based on the allegation that Jane had defamed John by sending texts to a close friend saying he had raped her.

Outside of academia, Hollywood producer Brett Ratner, who has been accused of sexual harassment and misconduct by more than a half a dozen women, is suing one for libel over a Facebook post she wrote accusing him of rape.



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